# C_2020054EN.01004301.xml

| 17.2.2020 | EN | Official Journal of the European Union | C 54/43 |
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17.2.2020

EN

Official Journal of the European Union

C 54/43

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Request for a preliminary ruling from the Conseil d’État (France) lodged on 6 December 2019 — One Voice, Ligue pour la protection des oiseaux v Ministre de la Transition écologique et solidaire

(Case C-900/19)

(2020/C 54/47)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: One Voice, Ligue pour la protection des oiseaux

Defendant: Ministre de la Transition écologique et solidaire

Intervener: Fédération nationale de la chasse

Questions referred

| 1. | Must Article 9(1)(c) of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 (1) be interpreted as precluding Member State from authorising the use of means, devices, methods of capture or killing capable of leading, even minimally and on a strictly temporary basis, to by-catch? Where appropriate, what criteria, relating in particular to the limited proportion or size of such by-catch, to what is in principle the non-lethal nature of the authorised hunting process and to the obligation to release without serious harm the specimens captured accidentally, may be applied in order for the selectivity criteria laid down in that provision to be considered to be satisfied? |
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1.

Must Article 9(1)(c) of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 (1) be interpreted as precluding Member State from authorising the use of means, devices, methods of capture or killing capable of leading, even minimally and on a strictly temporary basis, to by-catch? Where appropriate, what criteria, relating in particular to the limited proportion or size of such by-catch, to what is in principle the non-lethal nature of the authorised hunting process and to the obligation to release without serious harm the specimens captured accidentally, may be applied in order for the selectivity criteria laid down in that provision to be considered to be satisfied?

| 2. | Must Directive [2009/147/EC] of 30 November 2009 be interpreted as meaning that the objective of preserving the use of traditional methods and means of hunting birds, for recreational purposes, and in so far as all the other conditions placed on such a derogation by subparagraph c of that paragraph are satisfied, may justify the absence of another satisfactory solution within the meaning of Article 9(1), thus permitting a derogation from the principle laid down in Article 8 that those methods and means of hunting are prohibited? |
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2.

Must Directive [2009/147/EC] of 30 November 2009 be interpreted as meaning that the objective of preserving the use of traditional methods and means of hunting birds, for recreational purposes, and in so far as all the other conditions placed on such a derogation by subparagraph c of that paragraph are satisfied, may justify the absence of another satisfactory solution within the meaning of Article 9(1), thus permitting a derogation from the principle laid down in Article 8 that those methods and means of hunting are prohibited?

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(1)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ 2010 L 20, p. 7).

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